Thursday, October 27, 2016

3 Minn. Bars Found Partially Responsible for Fatal Drunk-Driving Crash (Rochester, MN)

Three Minnesota bars will have to pay a portion of a $15 million settlement after a judge found them partially responsible for a drunk-driving crash that killed a child and left his cousin paralyzed.

According to the lawsuit, defendant Gerald Mohs left the Wicked Moose Bar and Grill in Rochester the evening of Sept. 20, 2014, and drove about two blocks, going west in the eastbound lanes of U.S. Highway 14 in Rochester.

Moh’s vehicle collided head-on with a vehicle driven by Amber Bishop. Seven-year-old Jeramiya Bishop and his cousin, 9-year-old William Siems, were in the back seats of Amber Bishop’s vehicle.

William was killed in the crash, and Jeramiya Bishop suffered spinal injuries that have rendered him a paraplegic, according to the lawsuit.

Forensic toxicologists say Mohs consumed about 21 one-ounce alcoholic drinks the afternoon and evening before the crash.

The lawsuit says Mohs and his wife went to Treasure Island Casino in Red Wing earlier that day, around 1:30 or 2 p.m., and Mohs moved around the casino, buying drinks at separate bars within the casino.

Mohs finished gambling just before 4 p.m. and met his wife back at the bar, and she suggested that they leave Treasure Island and stop at the nearby Tipsy Turtle bar, according to the lawsuit.

The lawsuit says they arrived at the Tipsy Turtle, where they drank and played pool.

The plaintiff’s toxicologist calculated that Mohs likely consumed 10 one-ounce drinks at the Tipsy Turtle while the defendant’s toxicologist calculated that Mohs likely consumed eight one-ounce drinks at the Tipsy Turtle in addition to eight drinks at Treasure Island.

The lawsuit says Mohs also consumed four more drinks at the North Star bar and one at the Wicked Moose later that night. He was denied a second drink by the Wicked Moose and was told to leave, so he got in his car at 8:11 p.m. and drove away.

Less than a minute later, Mohs crashed into Amber Bishop’s vehicle, according to the lawsuit. He then left the scene of the crash on foot before police arrived. He was seen on surveillance video arriving at the North Star bar a second time at 9:30 p.m.

About an hour and 10 minutes later, he was arrested.

The lawsuit ruling says there’s no evidence to suggest that Mohs was obviously intoxicated at Treasure Island, but he was obviously intoxicated when he was served alcohol at the Tipsy Turtle, the North Star and the Wicked Moose bars.

Because of that, Treasure Island was not found liable.

Mohs was found 50 percent liable, the Tipsy Turtle was found 25 percent liable, the North Star was found 20 percent liable and the Wicked Moose was found 5 percent liable.

The ruling says the trustee and next-of-kin of William Siems is entitled to $1.07 million, Jeramiya Bishop is entitled to $12.5 million and Amber Bishop is entitled to $1.41 million.


Thursday, October 13, 2016

Albany found liable in illegal nightclub shooting lawsuit (Albany, NY- $15.2mm)

The City of Albany has been ordered to pay almost 10.5 million for failing to shut down an illegal nightclub where a man was shot to death in 2010.

The mother and father of LaShelton Stanford sued the city, the owners of Brick City, and gang members convicted in their son's death.

After deliberating for about 6 hours on Wednesday, a jury awarded $15.2 million to the family.

The city is responsible for 70 percent of that.

Sheldon was beaten by gang members, and then shot six times by Shenard Smith who is now in prison.

The lawsuit claimed the city failed to shut down the illegal nightclub which was licensed as a music studio.


A few thoughts Steve Guidry 

I think what city officials would want to take from this is don't look at this from an "illegal" bar and nightclub view. I would be looking at it from a "poorly run, numerous incidents, and we didn't shut these guys down" point of view.

You think I'm kidding? All it takes is the right person killed at a venue that has been a public nuisance for a while...and you have a serious problem on your hands as a city official.

Just my two cents. 

Bar owners, plaintiffs, legal teams for insurance companies, or city officials:  What's your plan?

Friday, October 7, 2016

Student awarded €15k after being hit by bouncer (UK)

(dawn cleary)
A 28-year-old student who will be scarred for life after being viciously attacked by a nightclub bouncer has been awarded €15k damages.

Elaine Bennett told the Circuit Civil Court that she had been celebrating New Year 2014 when she and her friends decided to go to Krystle Nightclub in Dublin's Harcourt Street.

She said her friends had gone inside while she stayed outside for a smoke.

When she had wanted to get in, she was refused entry because, according to bouncers, she was "too drunk".
She had drunk seven glasses of wine that day.

Ms Bennett, who is from Cork, said she left the area but came back half-an-hour later as her friends were inside and she was alone on the street. She was refused entry a second time. She told the court that when she asked again if she could be let in, a female bouncer suddenly attacked her, pulling her to the ground by her hair.

Mr Justice Raymond Groarke heard that Ms Bennett was punched and kicked on her body and face before another security guard separated them.

Ms Bennett told her barrister Mr Mark O'Connell that she had been helped up by people on the street before gardai had arrived on the scene.

She had gone to her GP a few days later, complaining of bruising on her face and body. Her wounds had left a permanent scar under her right eye.

Ms Bennett, of Glenary, Glencoo Park, Boreenmana Road, Cork, sued Triglen Holdings Ltd, which trades as Krystle Nightclub, and P&B Security Services Ltd (now in liquidation), with a registered address at Newhall, Naas, Co Kildare.

The defendants had denied liability and claimed that Ms Bennett had been extremely and racially abusive towards the security staff.

They said she had pushed female bouncer Dawn Cleary down the entrance stairs, calling her a "bitch" and a "Polish lesbian". She had called another bouncer a "Polish b******."

Judge Groarke said that although it was his view that the bouncers had an obligation to refuse Ms Bennett entry because she was intoxicated, he was satisfied she had been viciously assaulted.

He said he could not believe a word that Ms Cleary had said in the witness box.

She had also refused to co-operate with gardai who investigated the incident and, in the judge's view, she should not be licensed to work in security.

The judge awarded Ms Bennett €15,000 damages and adjourned the case to a date this month to determine which of the two defendants was liable to pay.